"If I don't take these trips, I'll miss out on work and my earnings will drop. I won't make as much money.

"Either the whole app needs to change, or there must be a provision for people who are driving ride-share vehicles to allow them to touch their mobile screen if they want to operate these apps legally."

An Uber spokeswoman said drivers were independent contractors and were therefore not required to accept trips.

The accessibility that comes with the phone app is a key feature of the ride-share company's success.

“We know that it is not uncommon for the average driver - not just those who use Uber’s platform - to use technology to help navigate their route," she said.

“We continue to work hard to ensure that driver distractions are kept to an absolute minimum. We remain focused on exploring ways to reduce driver distraction with the overall goal of sharing our learnings with all drivers on our roads.”

Taxi drivers also have to tap a screen when a new job appears on the despatch system attached to the car's dashboard.

But this system is exempted from the road rules, so police do not issue penalty notices to drivers accepting trips while driving.

13CABS' general manager David Samuel said taxi drivers also won't receive alerts about new jobs while they are completing a trip, which lowers the chance of them touching the screen while driving.

He said the fact that taxi drivers did not have to use their mobile phones to do their work meant that taxi services were safer.

"Our system is superior in terms of safety, and in very simple terms, our device fits within the law.

"There is no law as far as I'm aware that says that you can't accept the job, but the laws on mobile phones are very clear."

Commercial Passenger Vehicles Victoria's chief executive Aaron de Rozario acknowledged that in the rideshare industry, "technology and the different ways people use technology has progressed faster than regulation".

He said it was up to the transport companies to ensure that drivers were using their apps or other technology safely.

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A Victoria Police spokesman said police would not necessarily be able to discern if a motorist was a ride-share driver, "but in any case, these drivers would be treated the same as anyone else detected using a mobile phone and issued an infringement notice".

Across Australia, there are 3.8 million regular Uber riders and 62,000 active driver-partners.